Sri Shivaji Balaram Haibatti vs Sri Avinash Maruthi Pawar

The Supreme Court held that the High Court's decision to allow the Second Appeal under Section 100 of the Code of Civil Procedure, 1908, was erroneous as it set aside the concurrent findings of fact by the Trial Court and First Appellate Court regarding the appellant's ownership and the respondent's illegal possession of the suit shop. The Court reaffirmed the principle that findings of fact should not be disturbed unless there is a substantial question of law. The Court restored the Trial Court's decree for possession and mesne profits in favor of the appellant.